Legal Question in Family Law in California

qdro child support

My ex owes me $80,000 in back child support for our 3 kids. He has a 401k from his employer. I'm doing most of the work towards getting a QDRO myself to collect the arrears. I will have an atty. write the actual QDRO, but, during discovery, or, for that matter, whenever my ex is first notified that I'm going after his 401k for the arrears, what precautions can be taken so that he won't borrow from or cash out his 401k (or even quit his job!)before the QDRO is actually, legally binding? Is there a CA law code or something?


Asked on 6/15/09, 11:26 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: qdro child support

You could file an ex parte request for an order restraining him from taking any action to encumber, move the funds or otherwise interfere with your collecting the arrears from him.

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Answered on 6/21/09, 1:50 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: qdro child support

Perhaps you would be able to sue for fraudulent transfer. Why would you try to do this yourself when it is a difficult practice for attorneys? Contact me directly.

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Answered on 6/15/09, 1:30 pm


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